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MATTER OF DUANE F.

309 A.D.2d 265 (2003)

764 N.Y.S.2d 434

In the Matter of DUANE F., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 30, 2003.

Attorney(s) appearing for the Case

Marcia Egger of counsel (Arlene Libowitz on the brief; Monica Drinane, The Legal Aid Society, Juvenile Rights Division, attorney), for appellant.

Grace Goodman of counsel (Larry A. Sonnenshein on the brief; Michael A. Cardozo, Corporation Counsel of New York City, attorney), for Presentment Agency.

ANDRIAS, J.P., ROSENBERGER and GONZALEZ, JJ., concur.

OPINION OF THE COURT

MARLOW, J.

This is a single eyewitness identification case. The complainant, also the eyewitness, did not testify at the Sirois,1 Wade or fact-finding hearings. The only evidence admitted at the fact-finding hearing about the identification procedure was the transcript of the prior hearsay testimony of a police officer, who had determined, without a legally adequate foundation, that the complaining...

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